1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 12, 2009, the Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act in the Busan District Court's Dong branch branch court, and a fine of 2 million won as a crime of the same offense at the Busan District Court on November 6, 2012, respectively.

1. Around September 16, 2013, the Defendant was driving B-be under the influence of alcohol without obtaining a driver’s license from the front of an influent restaurant near the Busan Southern-dong Women’s Center to the front of the Busan-dong, Busan-gu, Busan-do “Fluoring Motor Vehicle Maintenance” at a approximately 8km section and without obtaining a driver’s license, and driving B-be under the influence of alcohol with a level of 0.132% of blood alcohol concentration, from the front of the “Fluoring Motor Vehicle Maintenance.”

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act more than twice, but drives a cargo vehicle under the influence of alcohol, while driving a cargo vehicle without obtaining a driver's license.

2. The defendant is engaged in driving of the Poter cargo vehicle in violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On September 6, 2013, the Defendant driven the above cargo vehicle on September 16:48, 2013, and directed the three-lane road in front of the “gold Vehicle Maintenance” as Busan Maritime Transportation Daegu, at a speed of 60km per hour from the direction of the agricultural and fishery products market to the direction of the retransmission.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the right side and the steering system and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and negligently operated under the influence of 0.132% of blood alcohol concentration while driving without being negligent, and instead led the part behind the DST5 car driven by the victim C(50 years of age) who was in the same direction before the same direction, to the part above the freight of the Defendant’s driver.